Foreigners and stateless persons who are legally present on the territory of Ukraine are obliged to strictly comply with domestic laws, law and order and migration legislation. In the event of serious violations of such rules or the presence of a threat to national security or interests, authorized state bodies may decide to impose a ban on entry for such foreigners into the country.
The grounds on which foreigners may be banned from entering Ukraine are established in Article 13 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons".
A foreigner or a stateless person may be banned from entering Ukraine:
The grounds on which foreigners may be banned from entering Ukraine are established in Article 13 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons".
A foreigner or a stateless person may be banned from entering Ukraine:
- in the interests of ensuring the national security of Ukraine and preventing other unlawful actions that directly pose a threat to the vital interests of Ukraine, or combating organized crime;
- if it is necessary for the protection of health, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;
- if, when applying for entry into Ukraine, such a person submitted knowingly false information or forged documents about himself;
- if such a person's passport document, visa are forged, damaged or do not correspond to the established sample or belong to another person;
- if such a person violated the rules for crossing the state border of Ukraine, customs rules, sanitary norms or rules at a checkpoint across the state border of Ukraine or failed to comply with the lawful requirements of officials and servicemen of the state border protection bodies, customs and other bodies exercising control at the state border;
- if during the previous stay on the territory of Ukraine a foreigner or a stateless person did not comply with the decision of the court or state authorities authorized to impose administrative penalties, or has other unfulfilled property obligations to the state, individuals or legal entities, including those related to previous expulsion, including after the expiration of the ban on further entry into Ukraine;
- if such a person, in violation of the procedure established by the legislation of Ukraine, entered or exited the temporarily occupied territory of Ukraine or the area of the anti-terrorist operation, or attempted to enter these territories outside the entry-exit checkpoints.
The decision to impose a ban on the entry of foreigners into the territory of Ukraine may be made by authorized state bodies if there are grounds. Such state bodies are the State Migration Service, the Security Service of Ukraine, the National Police of Ukraine, and the National Police of Ukraine.
The Security Service of Ukraine makes a decision on a ban on entry into Ukraine if there is information on a threat from a foreigner to national security, the interests of the country or organized crime. A ban may also be adopted to protect the interests of citizens of Ukraine.
The State Border Service of Ukraine makes a decision on a ban after submitting false information when crossing the border, crossing the border outside a checkpoint, forging documents, receiving a decision on the forced expulsion of a foreigner, etc.
The Migration Service of Ukraine makes a decision on a ban in case of violation of the rules of stay in Ukraine, the period of residence, failure to comply with court decisions on the territory of Ukraine, the presence of enforcement proceedings for offenses and debts, the presence of property obligations to individuals, legal entities or the state.
The National Police of Ukraine makes a decision on a ban due to violation of public order, national security, the threat of terrorism or failure to comply with court decisions on the territory of Ukraine.
The State Border Service of Ukraine makes a decision on a ban after submitting false information when crossing the border, crossing the border outside a checkpoint, forging documents, receiving a decision on the forced expulsion of a foreigner, etc.
The Migration Service of Ukraine makes a decision on a ban in case of violation of the rules of stay in Ukraine, the period of residence, failure to comply with court decisions on the territory of Ukraine, the presence of enforcement proceedings for offenses and debts, the presence of property obligations to individuals, legal entities or the state.
The National Police of Ukraine makes a decision on a ban due to violation of public order, national security, the threat of terrorism or failure to comply with court decisions on the territory of Ukraine.
If there are grounds for a ban, the authorized state body prepares a certificate with information about the foreigner and the grounds and evidence that may indicate the existence of grounds for a ban. The decision to impose a ban is made in the form of a resolution. The resolution, together with the order, is transferred to the State Border Service of Ukraine for entry into the database regarding the ban on entry.
Lifting the ban on entry to Ukraine
The ban on entry into Ukraine is established for a period of 3, 5, 10 years. In many cases, the decision can be canceled ahead of time. In some cases, it is possible to eliminate the grounds that served as the basis for imposing the ban (for example, pay a fine, comply with a court decision) and in this regard, cancel the ban. But in most cases, you have to deal with the cancellation of the decision on imposing the ban in an administrative (pre-trial) or judicial procedure. If you have additional questions regarding the ban on entry into Ukraine for foreigners and persons seeking citizenship, you can consult a migration lawyer from INSEININ Law Firm. Our specialists deal with the cancellation and appeal of decisions on the ban on entry into Ukraine.
INSEININ Law Firm has a team of qualified lawyers with extensive experience in the field of migration law. Our lawyers provide a comprehensive approach to solving clients' problems and provide them with the necessary support at every stage of the case.
For consultation, please contact +380 97 507 06 53 or +380 93 228 01 24.
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